The court modified the period of passport validity from one year to five years for an accused pending trial, emphasizing procedural adherence and rights.

O R D E R

The petitioner is the accused in C.C.No.478 of 2024 on the file of the Court of the Judicial Magistrate of First Class-I, Kannur ('Trial Court', in short), which has arisen from Crime No.449 of 2024 registered by the Kannur Town Police Station, alleging the commission of the offences punishable underSections 341, 323, 324 and 506 of theIndian Penal Code.

2. The petitioner has stated in the Criminal Miscellaneous Case that he had filed an application before the Trial Court seeking permission to renew his passport, which had a validity till 31.01.2026, in order to go abroad. By Annexure A2 order, the Trial Court allowed the application, but has granted permission to renew the validity of the passport only for a period of one year. The petitioner's prospective employer is insisting on a passport having a validity of atleast 3 years. Therefore, Annexure A2 may be modified to the extent of directing the 3^rd respondent to issue a passport in favour of the petitioner having a validity of atleast 3 years. Hence, the Crl.M.C.

3. Pursuant to the order passed by this Court on

10.02.2026, the petitioner has produced Annexures A3 and A4 documents to substantiate that the petitioner has been issued with the Resident Identity Card in the U.A.E., which has a validity till 22.09.2026.

4. Indisputably, the Trial Court has allowed the petitioner's application for renewal of passport, but has limited it for a period of one year. Taking into consideration the fact that the Calendar Case is of the year 2024 and that there is no likelihood of the trial in the case commencing in the near future, and also the principles laid down by this Court in Abhil C.R. v. State of Kerala [2025 KHC OnLine 1650] and Rameshan v. State of Kerala [2025 (6) KHC 545] , I am of the definite view that there is no necessity to limit the validity of the petitioner's passport to one year. Instead, the petitioner can be granted permission to obtain a passport with a validity of atleast three years, subject to the condition that the petitioner files applications before the Trial Court seeking permanent exemption and also to avail the electronic linkage as per the Electronic Video Linkage Rules for Courts (Kerala), 2021, so that even if the trial in the case commences, the same can be continued even in the absence of the petitioner.

In the aforesaid circumstances, I allow the Crl.M.C.

in the following manner:

i) The condition in Annexure A2 order directing that the petitioner's passport be renewed with a validity of one year is modified, by directing the 3^rd respondent to issue the petitioner a passport having a validity of 5 years, subject to the condition that the petitioner files applications before the Trial Court seeking personal exemption and also avail the electronic video linkage.

ii) If such applications are filed, the Trial Court is directed to consider and dispose the applications, in accordance with law, keeping in mind the law laid down in the aforesaid decisions.

Sd/-